State Information | Georgia | National Lien Services

This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.

While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.

Georgia Quick Overview

Pursuant code	O.C.G.A. § 44-14-360 et seq.
Prelien required for private / commercial projects	Yes
Prelien required for public projects	Yes
GA statutory relief	Full price
Lien milestone event	Last furnishing / last invoice
Lien enforcement deadline	120 to 180 days
Waivable lien rights	Limited by statute
Supplier to supplier rights	Conditional, check statutes
Prelien document name(s)	Notice to Contractor
Prelien minimum information	Claimant's name, address, and telephone number; name and address of the party who hired the claimant; name of the property owner; description of the property; and a general description of the labor, services, or materials provided
Prelien minimum notifications	Owner and general contractor
Prelien recording requirement	No
Prelien notarized	No

Understanding the Prelien Process on Construction Projects in Georgia by Role

In Georgia, subcontractors and suppliers without direct contracts with the property owner must serve a Notice to Contractor within 30 days of first furnishing labor or materials or within 30 days after the Notice of Commencement is filed, whichever is later. This notice must be sent to both the property owner and the general contractor by certified mail, registered mail, or statutory overnight delivery. Additionally, a Preliminary Notice of Lien Rights can be filed with the county clerk within 30 days of first furnishing labor or materials to preserve lien rights, especially if a Contractor's Affidavit of Payment is involved. A copy of this notice must be sent to the contractor or owner within seven days of filing.

Prime/ Original / General Contractors (GCs): Private/Commercial: Prime contractors are not required to serve a preliminary notice to preserve lien rights.
Subcontractors/Trade Partners (Subs): Private/Commercial: Subcontractors must serve a Notice to Contractor to both the property owner and general contractor within 30 days of first furnishing labor or materials or within 30 days after the Notice of Commencement is filed, whichever is later.
Second-tier Subcontractors: Private/Commercial: Second-tier subcontractors must serve a Notice to Contractor to both the property owner and general contractor within 30 days of first furnishing labor or materials or within 30 days after the Notice of Commencement is filed, whichever is later.
Lower-tier Subcontractors: Private/Commercial: Lower-tier subcontractors must serve a Notice to Contractor to both the property owner and general contractor within 30 days of first furnishing labor or materials or within 30 days after the Notice of Commencement is filed, whichever is later.
Material Suppliers: Private/Commercial: Material suppliers must serve a Notice to Contractor to both the property owner and general contractor within 30 days of first furnishing materials or within 30 days after the Notice of Commencement is filed, whichever is later.
Equipment Lessors: Private/Commercial: Equipment lessors must serve a Notice to Contractor to both the property owner and general contractor within 30 days of first furnishing equipment or within 30 days after the Notice of Commencement is filed, whichever is later.
Second-tier Material Suppliers: Private/Commercial: Second-tier material suppliers must serve a Notice to Contractor to both the property owner and general contractor within 30 days of first furnishing materials or within 30 days after the Notice of Commencement is filed, whichever is later.

Mechanic's Liens in Georgia

In Georgia, a mechanics lien may be filed by contractors, subcontractors, and suppliers who have not been paid for labor or materials. If a Notice of Commencement is filed by the owner or general contractor, those without direct privity must serve a Notice to Contractor within 30 days of the filing of the Notice of Commencement or first delivery of labor or materials--whichever is later. A claim of lien must be filed within 90 days of last furnishing labor or materials. The lien must be sent to the owner within 2 business days and enforced within 365 days unless a notice of contest shortens the timeframe to 60 days.

Bond Claims in Georgia

On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.

Construction Lien Waivers in Georgia

Required format: Georgia is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.

Required notarization: Georgia does not require waivers to be notarized.

Georgia requires the use of statutory lien waiver forms, and only two forms are recognized: (1) Interim Waiver and Release Upon Payment and (2) Waiver and Release Upon Final Payment. These waivers become unconditional 60 days after execution unless the claimant files an Affidavit of Nonpayment within that period. The waiver forms must strictly comply with O.C.G.A. § 44-14-366 and include prescribed language, making alterations or custom language invalid. Claimants must also be aware that executing a waiver may waive lien rights even if payment has not yet been received, unless proper action is taken within the statutory period.

Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.

As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.

Assessors’ websites in Georgia counties

Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—ownership records, special warranty deeds, and more. Counties that we’ve not yet found online (those with “*”) link to a Google search for your convenience.

We set the standard for the construction industry

Not only do we provide the tools, knowledge, and team to help you feel confident your rights are secured—we’re prepared for the trenches and ready to coordinate with your legal team when things “go sideways” on a project.

Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Georgia